Krzysztof Jankowski, ‘The Right to Be Forgotten in EU Legislation: Why We Should Not Care About It’

Abstract:
The so-called right to be forgotten has recently been given a lot of attention by the public, mainly due to its rapid development within the European Union framework. There are apparently two parallel ongoing discussions: the first one focuses on an abstract right to be truly forgotten, giving individuals a right to erase the records of their past; and the second one which focuses strictly on the institution of law provided by the European legislators. Interestingly, both perspectives refer to the same regulation which in any way is claimed to be rather controversial, inconsistent, excessive or unrealistic. I believe that such views are biased and find no grounds in the legal provisions. To me, the EU right to be forgotten is the regulation of little significance and practical applicability, and has incorrectly been elevated to the one of main issues in the field of privacy debates. In fact, what is called the right to be forgotten in EU legislation is a very technical mean of exercising one’s control over personal data. Therefore, I argue that the majority of commentaries claiming that the existing right to be forgotten is controversial err in doing so …

Jankowski, Krzysztof J, The Right to Be Forgotten in EU Legislation: Why We Should Not Care About It (December 9, 2014).

First posted 2017-06-09 07:06:20

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